Louisville Family Law®

Prenuptial Agreements

Prenuptial Agreements

Louis Paz Winner - "Louisville Family Law®"

There are numerous occasions and reasons why an individual may want to
consider a prenuptial or premarital agreement. A prenuptial agreement
allows an individual to clearly define his/her spousal support obligations
and outline how marital property will be divided in a
divorce or death, assuming that the premarital agreement is enforceable. Surprisingly,
due to Kentucky's definition of marital property, many individuals
may not need a prenuptial agreement since the assets s/he has prior to
the marriage may be protected as "non-marital" property already.

Louisville family law attorney
Louis P. Winner, has drafted numerous prenuptial agreements and he has also had the opportunity to
litigate the enforcement of several prenuptial agreements. In general there are
three requirements that must be present in order for a prenuptial agreement
to be valid. Those three requirements are: 1) There must be a full disclosure
of assets by both sides prior to the signing of the prenuptial agreement;
2) the Agreement cannot be unconscionable at the time it is signed; and
3) the Agreement cannot be unconscionable at the time of its enforcement.

However, there are certain areas in a prenuptial agreement which a Kentucky
Court cannot be bound. Those areas include child custody, visitation,
and child support. In addition the more sided and unfair a prenuptial
agreement is, the easier it is to challenge its enforcement.

If you are interested in drafting a prenuptial agreement or require aggressive
advocacy to fight an unfair prenuptial agreement,
contact attorney Louis P. Winner.

Benefits of a Prenuptial Agreement

No one enters a marriage thinking it will end in
divorce. Unfortunately, with the divorce rate hovering at around 50% nationally,
preparing for a possible end to a marriage is a realistic, proactive measure.
As the old adage states, "It is better to be safe, than sorry."

A prenuptial agreement allows you and your future spouse to determine how
you will handle
property and asset division in the event of divorce. It can also provide provisions for
alimony/spousal support. By determining these factors yourselves, you are much more likely to
achieve a mutually satisfactory outcome than if matters are left in the
hands of a Judge further down the road, sometimes after months or even
years of contentious litigation.

Disputing Unfair Prenuptial Agreements

There are cases when prenuptial agreements need to be challenged as they
are clearly unconscionable, signed under duress, and/or full disclosure
was not provided at the time of signing. Attorney Louis P. Winner has
had success at having prenuptial agreements declared unenforceable, which
has also led to his ability to draft prenuptial agreements that can withstand
future litigation to the extent possible under current Kentucky law.